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Ḥanafī Praying Behind a Shāfʿīe in Congregational Witr With Variation

Answered as per Hanafi Fiqh by Mathabah.org
Answered by Shaykh Yūsuf Badāt

Question:

Being a follower of the Qurʿān & Sunnah according to the Ḥanafī methodology, I perform the witr prayer in three raka’aats, two sittings, with the concluding salāms at the end of the three raka’aats. I am planning ʿUmrah in Ramadān and was wondering if my witr prayer would be valid behind an imam who performs the witr prayer in such a way where there are two sets of salāms in the three raka’aats, one set after the second raka’ah, and the other at the end of the third raka’ah. Would I have to repeat the witr prayer for it to be valid?

Answer:

Jazāk Allāh for contacting the Mathābah for your query. Mā-sha Allāh/ Congratulations on your upcoming ʿUmrah trip, during the blessed month of Ramadān.

In response to your concern, kindly note that the differences of opinion amongst the reliable jurists are not that of truth and falsehood. Rather they are simply differences of preference and correctness; hence it would be permissible to follow an imam (in ṣalāh) who differs in the furūāt (minor matters of dīn). One can perform the prayer in the same manner as how such an imam would be leading the prayer.  There would be no need to repeat the witr prayer or perform separately, as I personally have seen some people do.

The great Ḥanafī jurist and commentator of the Glorious Qurʿān, Imam Abū Bakr Al Jaṣṣāṣ Al Rāzī has permitted a Ḥanafī to follow a Shāfʿīe imam, who performs the witr prayer with faṣl (separation in the three raka’aats). (See Nawāzil Fiqhiyyah Muʿāsirah)

Imam Ibn Al Humām states, “The Ḥanafī following behind one who conducts salāms at the conclusion of two raka’āts in witr, is permissible; he is also permitted to perform with him the remainder (one raka’ah). This is because the imam (leading), according to his fiqh, has not exited the ṣalāh by the salām”. (Fatḥ Al Qadīr, Al Baḥr Al Rāiq)

The Prophet (peace and blessings upon him) stated,

The imam (who leads the prayer) is responsible” (Sunan Al Kubrā)

And Allāh Knows Best

This answer was collected from Mathabah.org. It’s an Islamic educational institute based in Canada. The questions are generally answered by Sheikh Yusuf Badat and Sheikh Omar Subedar.

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